alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, *v.*Francis Byrne, Appellant.

Supreme Court, Appellate Term, Second Department,

September 23, 1970.

*175
      *Thomas F. Mullaney, Jr.,*for appellant. *Thomas J. Mackell, District Attorney (Kenneth Boss Wolfe*of counsel), for respondent.

*Per Curiam.*

Inasmuch as defendant was acquitted of driving while intoxicated, the only offense charged, it was error for the court, *sua sponte, to “*reduce ” the charge to reckless driving and to adjudge defendant guilty thereof. Both offenses are misdemeanors, the former concerning itself with the condition of the operator of the motor vehicle and the latter with the _ manner of its operation (Vehicle and Traffic Law, §§ 1190, 1192, subd. 2). Each involves elements not included in the other *(People*v. *Skarczewski,*178 Misc. 160, affd. 287 N. Y. 826). Thus, while section 1192 makes it a misdemeanor to operate a motor vehicle 1 ‘ in an intoxicated condition ’ ’, section 1190 defines reckless driving as the operation of a motor vehicle ‘ ‘ in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.” Clearly, reckless driving is not a lesser included offense and the conviction on that charge cannot stand. In any event, even if the said offense were properly before the court, we are of the opinion that the evidence was insufficient to establish defendant’s guilt beyond a reasonable doubt.

The judgment of conviction should be unanimously reversed on the law and facts, complaint dismissed and fine remitted.

Concur — Schwaetzwald, P. J., Rinaldi and Cone, JJ.

Judgment reversed, etc.
May 23, 2000

22445

#### State v. Elbern

Affirmed
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 7, 2023.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 29, 2023, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 26 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-84, CP2024-86.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2023-26833 Filed 12-6-23; 8:45 am]

BILLING CODE 7710-12-P
Oct. 4, 2001

22942

#### State v. Mendoza

Affirmed
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 103 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 103

    Providing amounts for the expenses of the Committee on Homeland 
            Security in the One Hundred Fourteenth Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2015

Mr. McCaul (for himself and Mr. Thompson of Mississippi) submitted the 
  following resolution; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                               RESOLUTION

 
    Providing amounts for the expenses of the Committee on Homeland 
            Security in the One Hundred Fourteenth Congress.

    Resolved,

SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES.

    For the expenses of the Committee on Homeland Security (hereafter 
in this resolution referred to as the ``Committee''), including the 
expenses of all staff salaries, there shall be paid, out of the 
applicable accounts of the House of Representatives for committee 
salaries and expenses, not more than $14,755,400 for the One Hundred 
Fourteenth Congress.

SEC. 2. SESSION LIMITATIONS.

    Of the amount specified in section 1--
            (1) not more than $7,223,000 shall be available for 
        expenses incurred during the period beginning at noon on 
        January 3, 2015, and ending immediately before noon on January 
        3, 2016; and
            (2) not more than $7,532,400 shall be available for 
        expenses incurred during the period beginning at noon on 
        January 3, 2016, and ending immediately before noon on January 
        3, 2017.

SEC. 3. VOUCHERS.

    Payments under this resolution shall be made on vouchers authorized 
by the Committee, signed by the Chairman of the Committee, and approved 
in the manner directed by the Committee on House Administration.

SEC. 4. REGULATIONS.

    Amounts made available under this resolution shall be expended in 
accordance with regulations prescribed by the Committee on House 
Administration.
                                 <all>
```
EXHIBIT 99.2



WRITTEN STATEMENT OF THE CHIEF
EXECUTIVE OFFICER

Pursuant to 18 U.S.C. Section 1350



Solely for the purposes of complying with 18 U.S.C.
1350, I, the undersigned Chief Executive Officer (interim) of Checkers Drive-In Restaurants, Inc. (the Company), hereby certify, based on my knowledge, that the Quarterly Report on Form 10-Q of the Company for the quarter ended
March 24, 2003 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                      
|----------------------
|/s/    KEITH E. SIROIS
|Keith E. Sirois       



May 5, 2003
#### State v. Murray

27549

01/19/2007

Affirmed
CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Applebee's  International,  Inc. (the
"Company")  on Form 10-Q for the quarterly  period ended  September 29, 2002, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), the undersigned,  in the capacities and dates indicated below, hereby
certify  pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906
of the  Sarbanes-Oxley Act of 2002, that: (1) The Report fully complies with the
requirements  of Section 13(a) or 15(d) of the Securities  Exchange Act of 1934;
and (2) The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.



Date: March 14, 2003                 By:
     -----------------                  ----------------------------------------
                                        Lloyd L. Hill
                                        Chairman and Chief Executive Officer



                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Applebee's  International,  Inc. (the
"Company")  on Form 10-Q for the quarterly  period ended  September 29, 2002, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), the undersigned,  in the capacities and dates indicated below, hereby
certify  pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906
of the  Sarbanes-Oxley Act of 2002, that: (1) The Report fully complies with the
requirements  of Section 13(a) or 15(d) of the Securities  Exchange Act of 1934;
and (2) The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.



Date: March 14, 2003                 By:
     -----------------                  ----------------------------------------
                                        Steven K. Lumpkin
                                        Chief Financial Officer
Exhibit 4.10
 FIRST AMENDMENT TO  WARRANT
 Amendment DRI Holder Warrant
 WHEREAS Loan
Agreement
 WHEREAS,
 NOW, THEREFORE
  Paragraph (A)
 Holder Company A Common Stock A Exercise Price B Common Stock Common
Stock B Exercise Price Exercise Price Warrant Shares




---



##### 



Section 1.1 Method of Exercise
  Article V
 A Common Stock
 A Exercise Price
 B Common Stock
 B Exercise Price
 Representations and Warranties by DRI
   -2-




---



##### 



Miscellaneous
     -3-




---



##### 



SECTION 8.6 SECTION 8.6
  [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
 -4-




---



##### 



DRI CORPORATIONBy:
    /s/ DAVID L. TURNEYName:
    David L. TurneyTitle:
    CEO, President 
 BHC INTERIM FUNDING III, L.P.By:
    
    BHC Interim Funding Management III, L.P.,
its General PartnerBy:
    
    BHC Investors III, L.L.C.,
its Managing MemberBy:
    
    GHH Holdings III, L.L.C.
 By:
    
    /s/ GERALD H. HOUGHTONName:
    
    Gerald H. HoughtonTitle:
    
    Managing Member
 Signature Page to First Amendment to Warrant
Exhibit








Exhibit 10.1










July 30, 2018




Re: Amended and Restated Separation and Release Agreement




Dear Steve:  


Pursuant to the Amended and Restated Separation and Release Agreement between you and NII Holdings, Inc. (“NII”), dated July 25, 2017 (the “Separation and Release Agreement”), NII agreed to provide certain benefits following your transition from Chief Executive Officer and Director to Director.  


In light of your current involvement with NII’s strategic projects, we hereby memorialize that the Board of Directors of NII has amended Section 1(A)(4) of the Separation and Release Agreement to provide that in the event that on or before January 31, 2019 a transaction agreement is entered into that meets the definition of Change of Control, as defined in NII’s Change of Control Severance Plan, as amended and restated effective November 2, 2015, NII shall provide you with a payment equal to 200% of your target annual bonus in effect on August 1, 2017 and 18 months of COBRA benefits in one lump sum, payable within twenty (20) business days of the closing date of such transaction.  


Please let me know if you have any questions or would like to discuss this matter in more detail.




Sincerely,                            
                    
/s/ SHANA C. SMITH        


Shana C. Smith                                         
General Counsel
#### Henry D. Mahler, Inc., Appellant, *v.*Spero & Cohen, Inc., Respondent.

Supreme Court, Appellate Term, First Department,

January 29, 1959.

*206
      *Jack M. Perlmcm*for appellant.

*Feinman, Kats d Roth (Michael H. Roth*and *Milton Feinman*of counsel), for respondent.

*Per Curiam.*

By the clear and explicit terms of the contract between the parties, defendant agreed to supply labor at $3 per man per hour to dismantle steel shelving at the old store and erect it at the new one, and also agreed “ to brace such shelving in such a manner as to prevent collapsing. ’ ’ The trial court’s holding that “the sole responsibility of the defendant thereunder was to supply labor to plaintiff at $3 per man per hour ”, was error.

That the bracing was defective was acknowledged by defendant in its letter of June 18, 1957, plaintiff’s Exhibit 2, wherein defendant promises it would *‘ ‘*have the mechanic add additional reinforcements to the shelving installation, and at your suggestion we will permanently reinforce the shelving at a later date, when the bins are empty.”

The'judgment should be reversed and a new trial ordered, with costs to appellant to abide the event.

Concur — Hecht, J. P., Aurelio and Tilzer. JJ.

Judgment reversed, etc.
EXHIBIT 99.27.1
                                                                 ---------------


THIS REPORT IS A COPY OF THE PREVIOUSLY ISSUED REPORT OF ARTHUR ANDERSEN LLP
WHICH HAS NOT BEEN REISSUED BY ARTHUR ANDERSEN LLP


REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS

To Chattem, Inc.

We have audited in accordance with auditing standards generally accepted in the
United States, the consolidated financial statements included in Chattem, Inc.
and subsidiaries' annual report to shareholders incorporated by reference in
this Form 10-K, and have issued our report thereon dated January 23, 2002. Our
audit was made for the purpose of forming an opinion on those statements taken
as a whole. Schedule II is the responsibility of the Company's management and is
presented for purposes of complying with the Securities and Exchange
Commission's rules and is not part of the basic financial statements. This
schedule has been subjected to the auditing procedures applied in the audit of
the basic financial statements and, in our opinion, fairly states in all
material respects the financial data required to be set forth therein in
relation to the basic financial statements taken as a whole.



ARTHUR ANDERSEN LLP


Chattanooga, Tennessee
January 23, 2002
#### In re Serge B. GUDMUNDSON, disciplinary proceeding.

No. 13620.

Supreme Court of Utah.

Jan. 30, 1975.

Pete N. Vlahos, Ogden, for Gudmund-son.

Lauren M. Beasley, Salt Lake City, for Utah State Bar Assn.

HENRIOD, Chief Justice:

Review of a Bar Commission’s recommendation of a year’s suspension of appellant for unprofessional dealing with cases involving two clients.

*490That punishment virtually appears to have become fait accompli during pen-dency, by reason of time and circumstance.

We are in accord with the Bar’s position in this matter except to say, that in some measure of mitigation, the appellant, an erstwhile “in-good-standing” member for about quarter of a century has made overtures of restitution, remorse and atonement, and even a proffer of resignation.

We think that as a practical matter, suspension actually has eventuated here. We think appellant should be and is reprimanded, and should be required to recognize and comply with the rules of the Bar if he practices law. This interdiction includes payment of any costs incurred in investigative procedures, compliance with rules of the Bar pertaining to such resumption of practice, a showing of satisfactory qualification and character eligibility, after which he may, and should be able to practice his profession so long as he conforms, and without any insistence that he be required to drink of the chalice holding hemlock as further punishment.

ELLETT, CROCKETT, TUCKETT and MAUGHAN, JJ., concur.
<PAGE>

                                                                    Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Quarterly Report on Form 10-Q of Centennial
Communications Corp. (the "Company") for the quarter ended August 31, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to
such officer's knowledge:

     (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

     (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Date: October 6, 2005


/s/ Thomas J. Fitzpatrick
-------------------------------------
Thomas J. Fitzpatrick
Executive Vice President,
Chief Financial Officer


                                       39
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheet of CNL Income Fund XI, Ltd. at June 30, 1997, and its
statement of income for the six months then ended and is qualified in its
entirety by reference to the Form 10Q of CNL Income Fund XI, Ltd. for the
six months ended June 30, 1997.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                       1,199,667
<SECURITIES>                                         0
<RECEIVABLES>                                   61,045
<ALLOWANCES>                                    14,936
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                      26,016,146
<DEPRECIATION>                               2,225,799
<TOTAL-ASSETS>                              35,798,641
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  34,335,996
<TOTAL-LIABILITY-AND-EQUITY>                35,798,641
<SALES>                                              0
<TOTAL-REVENUES>                             1,868,475
<CGS>                                                0
<TOTAL-COSTS>                                  366,209
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,572,831
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,572,831
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,572,831
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Due to the nature of its industry, CNL Income Fund XI, Ltd. has an
unclassified balance sheet, therefore, no values are shown above for
current assets and current liabilities.
</FN>
        




</TABLE>
110 P.3d 418

INTERMEDIATE COURT OF APPEALS OF HAWAI'I

April 26, 2005

25843

#### State v. Edralin

Affirmed
<PAGE>   1
                                   EXHIBIT 21

                           SUBSIDIARIES OF REGISTRANT

<TABLE>
<CAPTION>
                                                            PERCENTAGE       STATE OF
NAME OF PARENT       NAME OF SUBSIDIARY                     OWNERSHIP    INCORPORATION
--------------       ------------------                     ---------    -------------
<S>              <C>                                        <C>          <C>
Hanover          Tri-Co. Foods Corp.("Tri-Co")                 100%       Pennsylvania

Hanover          Spring Glen Fresh Foods, Inc.                 100%       Pennsylvania

Hanover          Consumers Packing Corporation                 100%       Pennsylvania
                 d/b/a Hanover Foods - Lancaster Division

Hanover          Hanover Insurance Corporation Ltd             100%       Grand Cayman,
                                                                             B.W.I.

Hanover          Nittany Corporation                           100%         Delaware

Hanover          Bickel's Snack Foods, Inc.                    100%       Pennsylvania

Tri-Co           Alimentos Congelados Monte Bello S.A.         100%        Republic of
                                                                            Guatemala

Tri-Co           Sunwise Corporation                           100%          Florida
</TABLE>
Electronically Filed Intermediate Court of Appeals CAAP-16-0000492 30-OCT-2017 09:03 AM
142 P.3d 299

SUPREME COURT OF HAWAI'I

#### State v. Ribbel

26525

08/22/2006

Accepted

111 Hawai‘i 317, 141 P.3d 490
Exhibit



Exhibit 10.1



INDUSTRIAL LOGISTICS PROPERTIES TRUST
 
Summary of Trustee Compensation


The following is a summary of the currently effective compensation of the Trustees of Industrial Logistics Properties Trust (the “Company”) for services as Trustees, which is subject to modification at any time by the Board of Trustees (the “Board”) or the Compensation Committee of the Board, as applicable:


		
	•
	Each Independent Trustee receives an annual fee of $50,000 for services as a Trustee, plus a fee of $1,250 for each meeting attended. Up to two $1,250 fees are paid if a Board meeting and one or more Board committee meetings, or two or more Board committee meetings, are held on the same date. The annual fee for any new Independent Trustee is prorated for the initial year.




		
	•
	Each Independent Trustee who serves as a committee chair of the Board’s Audit Committee, Compensation Committee or Nominating and Governance Committee receives an additional annual fee of $15,000, $10,000 and $10,000, respectively. The committee chair fee for any new Independent Trustee is prorated for the initial year.




		
	•
	Each Trustee receives a grant of 3,000 of the Company’s common shares of beneficial interest on the date of the first Board meeting following each annual meeting of shareholders (or, for Trustees who are first elected or appointed at other times, on the day of the first Board meeting attended).




		
	•
	The Company generally reimburses all Trustees for travel expenses incurred in connection with their duties as Trustees and for out of pocket costs incurred in connection with their attending certain continuing education programs.
<PAGE>
 
                                                                      EXHIBIT 15



                           GOTHIC ENERGY CORPORATION
            LETTER REGARDING UNAUDITED INTERIM FINANCIAL INFORMATION

                                        

Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C.  20549

Re:  Gothic Energy Corporation and Subsidiary
     Registration  Statements on Form S-3

Gentlemen:

We are aware that our report dated November 3, 1998 on our review of the interim
financial information of Gothic Energy Corporation for the period ended
September 30, 1998 and included in this Form 10-QSB is incorporated by reference
in the Company's registration statements on Form S-3 (File Nos. 333-23239 and
333-38679).  Pursuant to Rule 436 (c) under the Securities Act of 1933, this
report should not be considered a part of the registration statement prepared or
certified by us within the meaning of Sections 7 and 11 of that Act.



PRICEWATERHOUSECOOPERS LLP

Tulsa, Oklahoma
November 10, 1998